Our policies & practices

Goodstack Donation Service Additional Terms

Effective Date: November 15, 2024

Capitalized terms used herein shall have the meaning ascribed to them in the Standard Terms, unless otherwise stated.

1. General

   1. If the Client has purchased the Donations Service from Goodstack, the terms and conditions of these Donation Service Additional Terms shall also apply and form part of the Agreement between Goodstack and the Client.

   2. The Client may use the Donation Service to:

      1. Make payments of Donations on its own behalf and/or on behalf of Client End Users to the Foundation;

      2. Track the number and volume of Donations which it makes to the Foundation and which the Foundation makes to Charities through the Platform.

   3. The Client acknowledges and agrees that in providing the Donation Service Goodstack is not providing the Client with any fundraising advice or recommendations.

2. Donations Process

   1. The Client will:

      1. provide Goodstack with any specific information which it or the Foundation needs from the Client to comply with tax or charity laws in connection with Donations;

      2. if applicable, use the Platform to notify Goodstack of the estimated Donations each month (“Estimated Donations“);

      3. if applicable, use the Platform to make Donations to the Foundation and to provide instructions about the recommended Charities to which the Donation(s) may be made by the Foundation and in what amounts;

      4. inform Goodstack if the Client experiences any issues with the Platform that may prevent the Client from carrying out its obligations under this paragraph 3 and provide Goodstack with reasonable assistance to remedy such issues.

   2. Goodstack will:

      1. make payment details for the payment of the Donation to the Foundation available to the Client;

      2. once the Foundation has received payment of the Donation in cleared funds, Goodstack will use its reasonable endeavors to procure that the Foundation takes into consideration the recommendations about the intended Charity to which the Donation(s) should be made by the Foundation and in what amounts;

      3. facilitate the provision to the Client of a tax receipt from the Foundation in respect of any Donation within 14 days of the Foundation receiving the payment in cleared funds.

   3. Goodstack may terminate the Agreement immediately if the Client fails to pay the Donation in accordance with the terms of paragraph 3.1 of these Donation Service Additional Terms.

3. Right to Deduct Fees from Donations

   1. Without prejudice to paragraph 8 of the Standard Terms, the Foundation may, prior to the Foundation making an onward payment to a Charity, deduct from the Donation and remit to Goodstack any fees owed by the Client to Goodstack in relation to the Client’s use of the Services.

4. Service Limitations

   1. The Client acknowledges and accepts that:

      1. Once a Donation is paid to the Foundation it is non-refundable.

      2. The Foundation retains exclusive control over all Donations made to it, and Donations will be delivered as per the Foundation’s

         Donation Delivery Policy. The Foundation will use reasonable efforts to make Donations to the Charities in accordance with the Client’s recommendation.  If the intended Charity beneficiary is not willing or able to accept the Donation or it fails to satisfactorily complete the Foundation’s due diligence, the Foundation will apply its Undeliverable Donation Policy.

      3. Goodstack will use reasonable efforts to secure the Foundation’s compliance with the terms of its contract with Goodstack, which includes obligations related to the treatment of Donations. Apart from as described in the previous sentence, to the maximum extent permitted by applicable law, Goodstack is not responsible for the actions or inactions of the Foundation.

5. Client End User Terms

   1. Where the Client collects Donations from Client End Users for payment to the Foundation, it shall:

      1. Ensure that it has all consents, permissions, and licenses required in order to collect Donations from Client End Users for payment by the Client to the Foundation.

      2. Ensure that each Client End User pays any Donations to the Client in cleared funds;

      3. Ensure that each Client End User understands and accepts the Service Limitations set out in clause 4.1;

      4. Ensure that each Client End User understands and accepts that it will not receive a receipt from the Foundation in relation to any Donation.

      5. Ensure that each Client End User understands and accepts that Goodstack may deduct fees from the Donation in accordance with clause 3 (if applicable).

      6. Ensure that each Client End User accepts and agrees to terms and conditions which reflects the limitations contained in the Agreement, including, by way of example only, clause 2.3 (no fundraising advice) above, and clause 14 of the Standard Terms (Limitations of Liability).

      7. To the extent that Client shares Personal Data of Client End Users with Goodstack so that Goodstack may share that data with the Charities who receive the Donations (the “Client End User Data”), Client shall ensure that it has obtained all necessary consents from Client End Users for Goodstack to (i) use the Client End User Data to complete the Donations, and (ii) share the Client End User Data with the applicable Charities.

   2. The Client shall defend, indemnify and hold harmless Goodstack against all claims, actions, proceedings, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising from or in relation to the Client’s failure to comply with the terms of clause 5.1 (inclusive).